Criminal Liability and the Essence of Crime Charles L. Feer, JD, MPA Bakersfield College Department of Criminal Justice

Presumption of Innocence A defendant is presumed innocent until the government proves every essential element beyond a reasonable doubt. A defendant is presumed innocent until the government proves every essential element beyond a reasonable doubt. Jury Instructions – correct principles of law to apply to the facts of the case. Jury Instructions – correct principles of law to apply to the facts of the case. I.e. Defendant is not required to prove himself innocent or to prove that any other person committed the crime charged. I.e. Defendant is not required to prove himself innocent or to prove that any other person committed the crime charged.

Adversarial System Trial by Ordeal Trial by Ordeal Devine Intervention Devine Intervention Trial by Combat Trial by Combat Modernly Modernly Judge acts as a referee Judge acts as a referee Truth is the ultimate goal of a trial Truth is the ultimate goal of a trial Truth is realized by effective debate over the merits of opposing perspectives. Truth is realized by effective debate over the merits of opposing perspectives.

Behavior of Attorneys Ethical Codes Ethical Codes Codes of Professional Responsibility Codes of Professional Responsibility

Standards of Proof Mere Hunch Mere Hunch Reasonable Suspicion Reasonable Suspicion Probable Cause Probable Cause Preponderance of Evidence (51%) Preponderance of Evidence (51%) Clear and Convincing Evidence Clear and Convincing Evidence Beyond a Reasonable Doubt Beyond a Reasonable Doubt Absolute Certainty Absolute Certainty

Reasonable Doubt An actual or substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from a lack of evidence. An actual or substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from a lack of evidence.

Criminal Liability Degree of Blameworthiness Degree of Blameworthiness Penalties prescribed by law. Penalties prescribed by law. Sentences: Low, Middle, Max. Term Sentences: Low, Middle, Max. Term Circumstances in Mitigation and Aggrevation Circumstances in Mitigation and Aggrevation

Seven Elements of a Crime Harm

Seven Elements of a Crime Harm Legality

Seven Elements of a Crime Actus reus Harm Legality

Seven Elements of a Crime Actus reus Harm Legality Mens rea

Seven Elements of a Crime Actus reus Harm Legality Mens reaCausation

Seven Elements of a Crime Actus reus Harm Legality Mens rea Concurrence Causation

Seven Elements of a Crime Actus reus Harm Legality Mens rea Punishment Concurrence Causation

The Essence of Crime Criminal Act – Actus Reus Criminal Act – Actus Reus Culpable Mental State – Mens Rea Culpable Mental State – Mens Rea Concurrence – the act and the mental state occur together. Concurrence – the act and the mental state occur together.

Actus Reus Failure to act is a crime only in situations where the person is required by law to do something. Failure to act is a crime only in situations where the person is required by law to do something. Threatening to act may be a crime. Threatening to act may be a crime.

Mens Rea A guilty mind A guilty mind A wrongful purpose A wrongful purpose Criminal Intent Criminal Intent General Intent General Intent Specific Intent Specific Intent Strict Liability Strict Liability Criminal Negligence Criminal Negligence

Motive Never an Element of a crime. Never an Element of a crime. Helps in the investigation (who done it – Why?) Helps in the investigation (who done it – Why?)